Advice to Immigrants: Don’t Get on the UndocuBus

On the 30th anniversary of Plyler v. Doe — the 1982 case in which the U.S. Supreme Court ruled that states could not deny funds for the education of children of unauthorized immigrants — President Obama announced a halt to the deportation of some immigrants who came to the United States as children and have graduated from high school and served in the military. While drawing positive attention to immigration is a good thing, both God and the devil reside in the details.

Until we know the details, stay out of the public glare and seek counsel from reputable lawyers with deep experience in immigration.

In reality, the president's adoption of a "deferred action" policy is, to a great extent, old wine in a new wineskin. The policy does not grant legal-residency status, as the Dream Act would, but only defers deportation for a renewable two-year period. Announcing the policy shows new political will, but it does not change existing law or expand available discretion; nothing substantive has been added to existing authority.

What is clear is that very few (and certainly not all) of those being reviewed will receive employment authorization with any reprieve they may have gotten. Their status is essentially frozen. The president's announcement continues the problem, since it indicates that permission to work will be determined on a case-by-case basis. Many crucial details (such as the criminal checks) are yet to be determined. We do not know what this new application policy will entail. I tell students, who are not out themselves, to not enter the system because it would also bring their parents to the attention of the authorities, and no provisions have been made for them.

Their chances of being deported may be reduced, but without employment authorization and a reasonable opportunity to regularize their status, they will still live in the shadows — with limited hope. I know that self-disclosure is a courageous and longstanding tradition, but until we know the details, stay out of the public glare, get your paperwork together, and seek counsel from reputable lawyers with deep experience in immigration.